Terms and Conditions

Effective date: May 25, 2018. Last Updated: May 24, 2018

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Creatorbox Softwares Private Limited.

Creatorbox Softwares Private Limited is a company incorporated under the laws of India with its registered office at #811, 10th A Main, Suite No. 909, 1st Floor, Indiranagar, Bangalore, Karnataka, India, 560038 (hereinafter referred to as “PushOwl”, “Company” “We”, “Us”, or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). Your (“You”, “Your” or “User”) use of the website is subject to the notices, terms and conditions set forth in these Terms of Service ("Terms"). The domain name “pushowl.com” (hereinafter referred to as the "Website") is owned by PushOwl.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS THROUGHOUT YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THIS WEBSITE.

Your use of Website being indicative of such acceptance. These Terms of Use shall be enforceable against You in a the same manner as any other written agreement.

GRANT OF RIGHTS

Subject to the terms of use, Company hereby grants to User, solely for your internal business operations and strictly in accordance with this terms of use and with any applicable law, a limited, non-perpetual, non-exclusive, non-transferable right to access and use the Website.

ELIGIBILITY

By agreeing to these Terms, you represent that you have attained at least the age of majority in as per the laws of your country/ state or province of residence.

You further represent and warrant that, if you are acting on behalf of your organization, you have the right, power and authority to, and do, accept these Terms on its behalf.

REGISTRATION

You may access some areas of our website without registering to the website. However, in order to access certain features of the website You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, and website address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently.

When you sign up on this Website, your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy. In case of change in personal information, you may write to us at the contact information provided below.

SUBSCRIPTION PLAN AND PAYMENT

While we may provide certain services free of cost during the trial period offered to you, post expiry of the trial period services can be accessed only by way of subscription. Information about subscription plans and prices would be provided in the Website while requesting for a subscription of a service. You agree to pay the price for the subscription or service as per the pricing schedule indicated in the Website. Our billing is handled by Shopify on behalf of all merchants. The payment process will be governed by Shopify terms and condition available at https://www.shopify.in/partners/app-store-terms . Your subscription will commence on the day you enter into this Agreement by making a valid payment for subscription on the Shopify Website and shall continue to remain in force unless terminated in accordance with these Terms. We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the any subscription plan or service offering. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. You will make timely payment of all such taxes, duties or government levies related to your Subscription. You can cancel your subscription either from the Shopify app or by uninstalling PushOwl. In case of any refund request, we provide full refund for that particular month.

PROHIBITED ACTIVITIES

In general, as a condition to your continued use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. User shall not post, transmit, or otherwise make available through or in connection with its use of the Website:

Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.

Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.

Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by PushOwl in advance.

Impersonate any person or entity, including without limitation any representative of PushOwl or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that PushOwl endorses any statement you make.

Interfere with or disrupt the operation of the Website or the servers or networks used to make the services available; or violate any requirements, procedures, policies or regulations of such networks.

Restrict or inhibit any other person from using the services (including without limitation by hacking or defacing any portion of the services).

Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website.

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the services or Website.

Remove any copyright, trademark or other proprietary rights notice from the PushOwl or materials originating from the PushOwl.

Frame or mirror any part of the services.

Create a database by downloading and storing PushOwl's User Content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way PushOwl's services or reproduce or circumvent the navigational structure or presentation of the services without PushOwl’s express prior written consent.

User shall use all reasonable endeavours to prevent any unauthorized access to, or use of, the services and, in the event of any such unauthorized access or use, shall promptly notify PushOwl.

INTELLECTUAL PROPERTY

The trademarks, logo and slogans of PushOwl displayed on the Website (collectively the "Trademarks") are owned by PushOwl. Nothing on this Website should be construed as granting any license or right to use the Trademarks without written permission of PushOwl or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Website, except as provided in these Terms is strictly prohibited. You are advised that PushOwl will aggressively enforce its intellectual property rights to the fullest extent of the law. PushOwl respect the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition of your use of the Site, you agree not to use any feature of the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any user, and block access to Website of any user who are repeat infringers of the copyrights, or other intellectual property rights, of PushOwl or others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. The User agrees to be solely responsible for and bear the risk of sharing any intellectual property rights owned by them through the PushOwl's website. You shall not hold PushOwl responsible for any infringement of intellectual property rights by any other user/ third party.

CONFIDENTIALITY

PushOwl will not use any of user’s confidential information except in connection with the performance of the services or the exercise of its rights under these terms and will take all reasonable precautions to maintain the confidentiality of user’s confidential information and to prevent the unauthorized disclosure to others of the confidential information. PushOwl shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to user by inadvertent breaches of confidentiality.

THIRD-PARTY LINKS

Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Further, the Company uses certain third party resources in order to provide the services to its users. The User acknowledges and agrees that Company is not and shall not be responsible for the availability, performance or security of any such external third party services or resources, and it shall not be held liable for any loss or damage (including loss of data and/or loss of profits), which may be incurred by the User, as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in those external third party services or resources, or as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in the website provided through such external third party services or resources.

SERVICE LEVEL UNDERSTANDING

The Company shall endeavor to ensure 99% uptime of its Website. However, the User shall not construe this as a guarantee by the Company, and the User shall not hold the Company liable for any reasonable failure of the Company to ensure the uptime. In the event of the failure of the Company to provide the aforementioned service standards, the Company in its sole discretion may provide to the User monetary credits equivalent to the lost period due to the failure in Service commitments. In the event the Company determine to pay the monetary credits to You for its failure to meet the service standards, the monetary credits shall be reflected on your monthly invoice, and the sum of the monetary credit shall be deducted from the subscription fees payable by You.

DATA PROTECTION/PRIVACY

Please read our privacy policy carefully as you are agreeing to be bound by that privacy policy. Please note that our privacy policy is updated regularly. You should check it each time you access the site.

NOTIFICATIONS

You agree to PushOwl sending you notifications and important messages time to time via its websites, mobile applications, and email to provide you a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PUSHOWL NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITES OR SERVICES OR THESE TERMS.

INDEMNITY

USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PUSHOWL AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS), ARISING FROM OR RELATING TO: (A) THE USE OF THE WEBSITE BY USER OR ANYONE USING USER’S ACCOUNT; (B) THE VIOLATION OF THESE TERMS OF SERVICE BY USER OR ANYONE USING USER’S ACCOUNT; OR (C) THE VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER PROPRIETARY RIGHTS BY USER OR ANYONE USING USER’S ACCOUNT.

RESTRICTED LOCATION

PUSHOWL MAKES NO REPRESENTATION THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE INDIA. USERS WHO ACCESS THE WEBSITE FROM OUTSIDE INDIA DO SO AT THEIR OWN RISK AND INITIATIVE AND MUST BEAR ALL RESPONSIBILITY FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.

TERMINATION

UNLESS TERMINATED BY THE PUSHOWL, THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE ANY OF THE SERVICES. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DELETING ALL YOUR PERSONAL INFORMATION PROVIDED TO PUSHOWL AND DELETING THE USER ACCOUNT WITH PUSHOWL. IN THE EVENT IT IS DETERMINED BY PUSHOWL THAT YOU HAVE VIOLATED ANY OF THESE TERMS, WE SHALL HAVE THE RIGHT, AT OUR SOLE DISCRETION, TO SUSPEND YOUR ACCOUNT AND TERMINATE THE SERVICES FORTHWITH. ANY SUCH SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND THE SERVICES MAY BE EFFECTED BY US WITHOUT PROVIDING YOU WITH A PRIOR NOTICE IN THIS REGARD.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Name: Shashank Kumar Designation: Founder Phone: +919741825657Email: shashank@pushowl.com Time: 9 AM - 5 PM ( Indian Standard Time )

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

DISCLAIMER

Our Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, PushOwl does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While PushOwl attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable by any court or tribunal of competent jurisdiction, the other provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The Terms of Use constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

CHANGES IN TERMS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our this page periodically for any changes. Your continued use of or access to our website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

JURISDICTION

The Terms of Use shall be governed by the laws of India, and the courts at Bengaluru shall have exclusive jurisdiction with respect to any dispute arising hereunder.